Recipe Notes Terms And Conditions

IMPORTANT - READ CAREFULLY: This agreement ("Terms") is a legally binding agreement between you and Galaxy Edge Ltd, covering your use of our website located at recipenotes.app ("Website") and the Recipe Notes App ("App"), together "Services". We will refer to ourselves in this Agreement as "we", "our", "us" or "Recipe Notes". We are a Hong Kong corporation with offices in Hong Kong.

You must read these Terms carefully before accessing or using the Services.

Your use of the Services is conditional on your acceptance of these Terms. By using or continuing to use the Services, you agree to be bound by these Terms. If you do not agree to all these Terms, then do not use the Services.

Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

PLEASE BE AWARE THAT SECTION 10 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND US. AMONG OTHER THINGS, SECTION 10 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 10 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 10 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

  1. Accounts
    1. Account Creation. In order to use certain features of the Services, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are 18 years of age or older. You may delete your Account at any time, for any reason, by following the instructions on the Services. We may suspend or terminate your Account in accordance with Section 8.
    2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
  2. Access to the Services
    1. Permission to Use. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited right to access and use the Services solely for your own personal, non-commercial use.
    2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein or as permitted by functionality in the Services, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.
    3. Modification. We reserve the right, at any time, to modify the Services (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification of the Services or any part thereof.
    4. No Support or Maintenance. You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the Services.
    5. Ownership. Excluding any User Content, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by us or our suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights. We reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
    6. Feedback. If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
    7. Location-Based Services. While accessing and using the Services, you understand and agree that: (i) your location can be identified using a variety of technologies available to us and our service providers, for example, Global Positioning System (GPS), cellular tower triangulation or the underlying connection to the internet through your Wi-Fi; (ii) we may record, collect and use your location or geolocation information; and (iii) we may, if you have background location turned on, record the location of your devices even if you are not directly interacting with the Services.
  3. User Content
    1. User Content. "User Content" means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us. Since you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or any law. We are not obligated to backup any User Content, and your User Content may be deleted by us at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
    2. License. You hereby grant (and you represent and warrant that you have the right to grant) to us and our affiliates an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, for the purposes of including your User Content in the Services, improving or modifying the Services, and marketing or promoting the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
    3. Non-infringement. You promise that you will not: infringe intellectual property rights of third parties, including without limitation, intellectual property rights such as copyright and trademark, of us, other users or third parties; or infringe the property rights, privacy rights and image rights of us, other users or third parties.
    4. Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":
      1. You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
      2. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Services; or (vii) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
    5. Enforcement. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
    6. DMCA. Our DMCA Policy can be found at www.recipenotes.app/dmca-policy. You agree to our DMCA Policy, which is incorporated herein.
  4. Indemnification. You agree to indemnify and hold us (and our affiliates, officers, employees, and agents) harmless, including costs and reasonable legal and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of us. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  5. Third-Party Links & Ads; Other Users
    1. Third-Party Links & Ads. The Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively,"Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of us, and we are not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to you, and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
    2. Other Users. Each user of the Service is solely responsible for any and all of its own User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, safety or quality of any User Content. Your interactions with other users are solely between you and such users. You agree that we are not responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.
      1. All recipes on our Site or App are provided for general information only and provided by other users, like you, and not by us. Without limiting anything else herein, we do not review, screen or check recipes before they are posted, so there may be some inappropriate, incorrect or unsafe recipes, ingredients or cooking methods. The recipes, comments and other information provided via the Services are not intended to amount to advice on which you should rely, and any use of or reliance on any recipe of other content provided via the Services is at your own risk. We make no statements, whether express or implied, about the accuracy, quality, safety or fitness for purpose of recipes published on the Services. Therefore: (i) you should verify any unusual or novel ingredients or methods in a recipe by referring to other sources; (ii) you should comply at all times with any food safety notices or bulletins issued by your applicable government or health authorities; (iii) you should not expect the Services to identify or explain risks contained in food preparation, method or techniques of cooking or consumption of certain food; and (iv) if you are not an experienced cook, we advise that you take instruction from an experienced cook, or other appropriate authority, when using recipes from the Services, particularly in respect of health and safety. If you have any comments or concerns about any recipes or other content on the Services, please contact us at: [email protected].
  6. Disclaimers

    THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF A STATUTORY WARRANTY OR STATUTORY GUARANTEE IS IMPLIED OR REQUIRED BY LAW, THEN (TO THE EXTENT PERMITTED BY LAW) OUR LIABILITY TO YOU IN RESPECT OF STATUTORY WARRANTY OR STATUTORY GUARANTEE IS LIMITED TO (AT OUR OPTION):

    1. Resupply of the Services;
    2. Supply of similar Services;
    3. Refunding the amount you paid for the Services;
    4. Refunding one month's subscription;
    5. Fixing the Services (if appropriate); or
    6. Paying someone else to fix the Services (if appropriate).
  7. Limitation on Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR USE OR FAILED USE OF THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY ($50) US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  8. Term and Termination
    1. Breach. Either party may terminate these Terms with immediate effect by giving written notice to the other party if the other party breaches these Terms.
    2. Cancellation. You may terminate these Terms or cancel your subscription at any time and without cause by using the online account management features where you subscribed. You will not be entitled to a refund of prepaid fees.
    3. Change in Law. We may terminate these Terms immediately by notice to you if there is a change in law that materially or permanently prevents us from providing the Services to you.
    4. After termination. Upon termination of these Terms or at the end of your subscription, your right to access the Services ceases. For example, without limitation, your Account will be closed and any benefits for a subscription to the Services will cease. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6, Section 3 and Sections 4 through 10.
  9. Amendments
    1. Amendment by Us. We may amend this Agreement at any time in our sole discretion. We will notify you of any such amendments by e-mail or online posting or when you next use the Service. We will notify you or publish such amendments on our website at least 10 days before the change is in force.
    2. Non-agreement. If you do not agree to such amendments, then you must stop using the Services; if you continue using the Service after the date on which any such amendments come into force, you will be deemed to have agreed to such amendments.
    3. Refund. If the amendment is unfavourable to you, then you may terminate this Agreement before the amendment comes into effect and you will receive a pro rata refund of any prepaid fees for the period after such amendments come into effect.
  10. General
    1. Dispute Resolution. All issues and questions concerning the construction, validity, enforcement and interpretation of these Terms shall be governed by, and construed in accordance with, the laws of Hong Kong, without giving effect to any choice of law or conflict of law rules or provisions (whether of Hong Kong or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Hong Kong. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules. The place of arbitration shall be Hong Kong. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the law of Hong Kong. The prevailing party in any dispute resolution process is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.
    2. WAIVER OF JURY TRIAL. YOU AND RECIPE NOTES HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY ISSUE TRIABLE BY A JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT NOW OR HEREAFTER EXISTS WITH REGARD TO THESE TERMS, OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION WITH THESE TERMS. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY YOU AND RECIPE NOTES AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY MAY OTHERWISE ACCRUE. YOU AND RECIPE NOTES ARE HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER BY THE OTHER PARTY.
    3. WAIVER OF CLASS OR OTHER NON-INDIVIDUALIZED RELIEF. YOU AND RECIPE NOTES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
    4. Export. The Services may be subject to export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any technical data acquired from us, or any products utilizing such data, in violation of export laws or regulations.
    5. Electronic Communications. The communications between you and us use electronic means, whether you use the Services or send us emails, or whether we post notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
    6. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other. You are not our employee or contractor. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
    7. Privacy Policy. Any personal information collected by us through the Services, or otherwise collected by or on behalf of us, will be dealt with in accordance with our Privacy Policy. Our privacy policy can be found at www.recipenotes.app/privacy-policy. You agree to our Privacy Policy, which is incorporated herein. When you agree to the terms of our Privacy Policy, you consent to the collection, use, storage and disclosure of your personal information as described in our Privacy Policy.
    8. Contact Information. To contact us, please email us at: [email protected].

Last updated on: 07 January 2025